[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50728-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20097]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2013-0013]


Notice of Issuance of Final Circular: Guidance on Joint 
Development

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice--Issuance of Joint Development Circular.

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SUMMARY: The Federal Transit Administration (FTA) has issued and placed 
in the docket and on its Web site final Agency guidance, in the form of 
a circular, on joint development. This circular provides guidance to 
recipients of FTA financial assistance on how to use FTA funds or FTA-
funded real property, for joint development. This circular: (1) Defines 
the term ``joint development''; (2) explains how a joint development 
project can qualify for FTA assistance; (3) describes the legal 
requirements applicable to the acquisition, use, and disposition of 
real property acquired with FTA assistance; (4) outlines the most 
common crosscutting requirements applicable to FTA-assisted joint 
developments; and (5) describes FTA's process for reviewing a joint 
development project proposal. This circular incorporates provisions of 
the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public 
Law 112-141 (2012), advances the goals of 49 U.S.C. 5315 by informing 
FTA recipients of opportunities for private sector participation in 
public transportation projects, and includes the most current guidance 
for the Federal public transportation program. This final circular is 
the result of the notice issued by FTA that appeared in the Federal 
Register on March 6, 2013, entitled ``Joint Development: Proposed 
Circular''.

DATES: The effective date of the circular is October 1, 2014. Projects 
for which sponsors have executed joint development agreements with 
third parties before October 1, 2014 will be considered according to 
FTA's existing guidance and statements of policy.

FOR FURTHER INFORMATION CONTACT: For legal questions, contact 
Christopher T. Hall, Office of Chief Counsel, Federal Transit 
Administration, 1200 New Jersey Avenue Southeast, Room E54-413, 
Washington, DC 20590-0001. For policy questions, contact Sharon Pugh, 
Office of Budget and Policy, Federal Transit Administration, 1200 New 
Jersey Avenue Southeast, Room E52-322, Washington, DC 20590-0001. For 
program questions, contact the appropriate FTA Regional Office.

SUPPLEMENTARY INFORMATION: This notice does not contain a copy of the 
final circular. A copy of the final circular and comments and material 
received from the public, as well as any documents indicated in the 
preamble as being available in the docket, are part of docket number 
FTA-2013-0013. For

[[Page 50729]]

access to the DOT docket, please go to www.regulations.gov at any time 
or to Docket Operations, M-30, U.S. Department of Transportation, 1200 
New Jersey Avenue Southeast, Room W12-140, Washington, DC 20590-0001 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. The final circular is also available on the FTA Web site at 
http://www.fta.dot.gov/about/13716.html.
    This Notice is organized in the following sections:

I. Introduction
II. Chapter Summary
III. Response to Comments Received

I. Introduction

    It is FTA's policy to maximize the utility of FTA-assisted projects 
and to encourage recipients to generate program income through joint 
development. One of the primary benefits of joint development is 
revenue generation for the transit system, such as income derived from 
rental or lease payments, as well as private-sector contributions to 
public infrastructure. Other benefits include shared costs, efficient 
land use, reduced distance between transportation and other activities, 
economic development, increased transit ridership, and improved transit 
connectivity. The revenue a recipient receives from an FTA-assisted 
joint development project is treated as program income and may be used 
towards eligible capital and operating expenses of providing transit 
services.
    This final circular is intended to guide interested parties through 
the FTA program and policy requirements that must be considered when 
pursuing a joint development project that is FTA-assisted or that will 
make use of real property that was previously acquired with FTA 
assistance. In the past, FTA has appended its guidance on joint 
development to its circulars 5010.1D, 9030.1D, and 9300.1B, guidance 
for Grant Management Requirements, Urbanized Area Formula Program, and 
Capital Investment Program (New/Small Starts), respectively, and has 
published Federal Register Notices of Final Agency Guidance on the 
Eligibility of Joint Development Improvements Under Federal Transit Law 
(72 FR 5788, Feb. 7, 2007) and Policy on Transit Joint Development (62 
FR 12266, Mar. 14, 1997). FTA has decided to consolidate these 
references into a single circular to provide guidance to its grantees 
on how to use FTA assistance or FTA-assisted real property for joint 
development.
    A summary of the final circular follows. The final circular itself 
is not included in this notice; an electronic version may be found on 
FTA's Web site at www.fta.dot.gov/ or on the Docket at 
www.regulations.gov as part of docket number FTA-2013-0013. Paper 
copies of the final circular may be obtained by contacting FTA's 
Administrative Services Help Desk at (202) 366-4865.

II. Chapter Summary

A. Chapter I--Introduction and Background

    Chapter I is an introductory chapter. It defines terms used 
throughout the circular, provides a brief background of FTA's 
authorizing legislation, the effect of the circular, and instructions 
for how to contact FTA.

B. Chapter II--Circular Overview

    Chapter II introduces the substance of the circular. It describes 
joint development as a concept and distinguishes between it and the 
related concepts of transit-oriented development (TOD), pedestrian and 
bicycle projects, and public private partnerships (PPP or P3). It also 
lists several elements of a joint development capital project, 
including the funding sources, project eligibility criteria, 
crosscutting Federal requirements, and restrictions on the use of real 
property acquired with Federal assistance.

C. Chapter III--FTA Assistance for Planning and Capital Projects

    Chapter III describes the eligibility requirements for an FTA-
assisted joint development capital project or planning activity.
    FTA planning grants are available to assist States, metropolitan 
planning organizations, local governments, transit agencies, and others 
to plan public transportation projects, including joint development.
    FTA program funds may be used to support capital projects. MAP-21 
provides the most recent authorization for FTA programs. MAP-21 
explicitly includes joint development within the definition of capital 
project. This circular describes the MAP-21 provisions on joint 
development, and explains each element of the statutory eligibility 
criteria, all of which must be satisfied. Chapter III is largely based 
on previously published guidance on the eligibility of joint 
development activities for FTA funding (72 FR 5788, Feb. 7, 2007).

D. Chapter IV--Real Property Considerations

    Chapter IV reviews the requirements applicable to the acquisition, 
use, and disposition of real property acquired with FTA assistance. 
Chapter IV gives special attention to the circumstances that are most 
likely to be part of an FTA-assisted joint development project, 
including conveyance of real property for joint development purposes, 
protection of the Federal government's interest in how the real 
property is used, the maintenance of satisfactory continuing control of 
real property in the context of a joint development project, and the 
incidental use of real property for non-transit purposes. Chapter IV 
also discusses considerations for the adaptation and/or reuse of FTA-
assisted parking facilities for joint development purposes.

E. Chapter V--Cross-Cutting Federal Requirements

    Chapter V reviews Federal cross-cutting requirements that are not 
unique to joint development projects, but which have application to all 
FTA-assisted projects, including joint development projects funded by 
FTA or using real property acquired with FTA assistance.

F. Chapter VI--Joint Development Project Review Process

    Chapter VI describes FTA's process for reviewing a joint 
development project proposal. This chapter documents and discusses the 
framework FTA uses for analyzing a proposed joint development project, 
including how it assesses the four eligibility criteria. The chapter 
also discusses how and what the grantee should submit as a proposal to 
FTA for review.
    This chapter was not included in the proposed circular. Rather, FTA 
stated its intent to include in the final circular a chapter on FTA's 
review process and sought stakeholder input on the same in the notice 
of availability of the proposed circular. FTA has considered that 
stakeholder input in composing the final Chapter VI.

III. Response to Comments Received

    On March 6, 2013, FTA published in the Federal Register a Notice of 
Availability of Proposed Circular and Request for Comments (notice of 
proposed joint development circular) (78 FR 14020). In its notice of 
proposed joint development circular, FTA stated its intent to guide 
interested parties through the FTA program and policy requirements that 
must be considered when pursuing a joint development project using FTA 
assistance or FTA-assisted real property. The notice itself included a 
chapter summary of the proposed circular, as the proposed circular 
itself was not included in the notice; instead, information on

[[Page 50730]]

obtaining an electronic version of the proposed circular was provided.
    Twenty-four parties submitted comments in response to FTA's March 
6, 2013, notice of proposed joint development circular. FTA hereby 
responds to these comments by topic and in the following order: (a) 
Notice of Proposed Circular Generally; (b) Fair Share of Revenue; and 
(c) FTA Review Process.
(a) Notice of Proposed Circular Generally
    The intended purpose of FTA's notice of proposed joint development 
circular was to provide guidance to recipients of FTA financial 
assistance on how to use FTA funds or FTA-assisted real property for 
joint development. The circular: (1) defined the term ``joint 
development''; (2) explained how a joint development project can 
qualify for FTA funding; (3) described the legal requirements 
applicable to the acquisition, use, and disposition of FTA-assisted 
real property; and (4) outlined the most common crosscutting Federal 
requirements.
    FTA received twenty-one general comments covering a wide range of 
subjects, including affordable housing, applicability, car sharing, 
eligibility criteria, FTA policy, program income, real property, TOD, 
and value capture. Several commenters addressed multiple and 
overlapping subjects within the general category. Most commenters 
requested clarification of subjects discussed or specific terminology 
used in the circular. Across the board, commenters were receptive to 
FTA providing consolidated and comprehensive guidance concerning joint 
development.
    Seventeen commenters addressed concerns regarding real property, 
including disposition, incidental use, mandatory contractual 
provisions, parking, satisfactory continuing control, shared use, 
subordination, and transfers. Thirteen commenters sought clarification 
on application of the eligibility criteria, and distinguishing between 
activities eligible for FTA assistance as joint development and other 
capital transit projects. Ten commenters asked FTA to clarify 
application of the guidance concerning non-FTA-assisted property, joint 
development application to all modes of public transportation rather 
than just to rail, and application of the ``originally authorized 
purpose''. Six commenters questioned the focus of FTA's stated joint 
development policy. Six commenters addressed FTA's stated position on 
the concept of value capture. Five commenters asked FTA to explicitly 
designate affordable housing development as a type of joint 
development, commensurate to the recognition given in the Capital 
Investment Program (New/Small Starts). Three commenters sought 
clarification on program income. Two commenters addressed 
distinguishing between FTA's usage of the terms joint development and 
TOD and the usage employed by the transit industry. One commenter 
requested FTA to provide specific categorical exclusions for joint 
development under the National Environmental Policy Act (NEPA). Another 
commenter requested FTA to consider car-sharing as a transit mode 
eligible for joint development. One commenter requested requiring more 
safety training for commercial drivers.
    FTA Response: FTA is pleased by the positive and supportive 
responses provided by the majority of commenters to its proposed 
circular. The questions and comments received identified several topics 
for which FTA has provided additional clarification in the final 
circular. Some comments, however, addressed subjects that are beyond 
the scope of this circular, but will be useful in development of FTA 
programs and guidance in the future. This circular consolidates all of 
the existing FTA guidance on joint development, and supersedes any FTA 
guidance on joint development contained in other sources. Thus, this 
circular supersedes, in their entirety, discrete previously issued 
guidance on joint development, including FTA's 2007 guidance and 1997 
policy described above. This circular does not supersede in entirety 
any existing FTA circulars that include guidance on joint development, 
but rather only supersedes the specific joint development guidance 
contained therein. Affected circulars will be amended according to 
their regular update cycles.
    Joint development may be undertaken in conjunction with any mode of 
public transportation, e.g., bus, bus rapid transit, transit malls, 
light rail, heavy rail, commuter rail, or ferry. Federal transit law 
explicitly includes stations and terminals used by intercity bus and 
intercity passenger rail systems, except that provided by Amtrak, for 
joint development eligibility. Car sharing services, even if located in 
close proximity to a transit facility, are not considered to be public 
transportation as they are not open to the general public or a segment 
of the general public defined by age, disability, or low income.
    Joint development is an eligible capital transit project by 
statute, and is considered to be within the scope of all capital grants 
unless expressly prohibited by a specific term or condition of the 
grant. Under the terms of FTA's Master Agreement, joint development is 
considered an ``originally authorized purpose'' of prior grants made 
for real property acquisition.
    The terms ``joint development'' and ``transit-oriented 
development'' (TOD) are often used interchangeably within the transit 
industry. Whereas FTA distinguishes between them, FTA recognizes that 
some recipients consider TOD as joint development and vice versa. FTA 
considers a transit operator to be a direct partner or participant in 
joint development projects. While a transit operator may be a 
stakeholder in TOD, FTA considers TOD to have a broader, community-
sized scope. This circular is not applicable to all joint development 
projects undertaken by FTA grantees. This circular applies only to 
joint development projects that use either FTA-assisted real property 
or FTA funds in the joint development project itself, and, therefore, 
have a Federal interest. FTA realizes that its grantees may undertake 
transit-oriented development or joint development without any Federal 
interest. This final circular does not apply to such projects. FTA 
reserves further discussion on TOD for a future document.
    FTA's policy is to maximize the utility of FTA-assisted projects 
and to encourage the generation of program income through joint 
development. Benefits of joint development primarily include revenue 
generation for transit, as well as efficient land use, economic 
development, increased transit ridership, shared project costs, and 
improved transit connectivity. The siting and development of transit 
service adds to property values near transit stations, and that 
colocation of residential, commercial, and retail establishments with 
the transit system enhances social and economic returns for the 
community. FTA's treatment of joint development revenues as program 
income enables a grantee to apply such revenues to the operating or 
capital costs of the transit system. Therefore, joint development 
projects should be planned and undertaken to generate revenue for the 
transit system from the added value it creates, and project sponsors 
should negotiate project benefits, whenever possible, on the basis of 
the value added to the property by the joint development. Joint 
development is among the value capture strategies most commonly used to 
fund and/or finance transit, although other value capture strategies 
are also utilized.

[[Page 50731]]

    Although joint development is intended to realize value capture 
from transit, FTA acknowledges that many transit agencies have 
incorporated affordable housing goals into their joint development 
policies. FTA does not wish to interfere with local policy goals 
relative to joint development. Accordingly, FTA does not designate the 
types of joint development projects that a grantee may undertake or 
give preference to any particular types of joint development projects.
    Section 5302(3)(G) of title 49, United States Code, establishes the 
following criteria for determining whether a joint development 
improvement is eligible as an FTA-assisted project under Federal 
transit law. An eligible joint development project must: (1) Either 
enhance economic development or incorporate private investments, such 
as commercial and residential development; (2) either enhance the 
effectiveness of public transportation and be related physically or 
functionally to public transportation, or establish new or enhanced 
coordination between public transportation and other transportation; 
(3) provide a fair share of revenue that will be used for public 
transportation; and (4) provide that a person occupying space in a 
joint development facility shall pay a fair share of the costs of the 
facility through rental payments or other means. No new criteria have 
been established, although this final circular imposes constraints on 
the fair share of revenue criterion. All four criteria must be 
satisfied for a joint development project to be eligible for FTA 
assistance. The final circular provides additional information 
concerning satisfying these criteria.
    Grantees often undertake joint development, not as an FTA-assisted 
activity, but as an incidental use of property that was previously 
acquired using FTA assistance. FTA-assisted real property may be used 
for joint development provided that the joint development is compatible 
with the approved purposes of the property and the recipient will 
retain satisfactory continuing control of the property to ensure that 
the Federal interest is protected and the property continues to serve 
its transit purpose. FTA must concur in any incidental uses of FTA-
assisted property.
    Interests in real property that was acquired with FTA assistance 
may be conveyed or encumbered for the purpose of joint development. The 
final circular provides additional discussion of satisfactory 
continuing control and mechanisms for preserving the use of FTA-
assisted real property for its transit purpose. The final circular also 
clarifies the mandatory contractual provisions necessary to protect the 
Federal interest when FTA-assisted real property is conveyed to a third 
party for the purpose of joint development.
    The final circular provides additional information to clearly 
distinguish between a conveyance of real property for the purpose of 
joint development and the disposition of excess real property no longer 
needed for transit purposes. Once FTA-assisted real property is 
disposed of, the Federal interest in the property is extinguished, and 
that property may not be used in an FTA-assisted joint development 
project. In contrast, FTA retains an interest in the use of real 
property that has been conveyed for the purpose of joint development. 
Additionally, the final circular clarifies the distinction between 
incidental use and shared use, and considerations for the modification 
of FTA-assisted parking facilities for joint development purposes.
    FTA does not provide a specific funding program for joint 
development. Rather, joint development is considered a kind of capital 
project and may be funded by most FTA capital programs. Because the 
joint development project may take a variety of forms and be funded by 
multiple programs, the applicable Federal requirements will vary. 
Requirements of the specific FTA funding program used must be adhered 
to for FTA-assisted joint development.
    NEPA categorical exclusions are a category of actions that, based 
on past experience with similar actions, do not individually or 
cumulatively have a significant effect on the environment. FTA's 
categorical exclusions are set out at 23 CFR 771.118(c). The exclusion 
at 23 CFR 771.118(c)(10) is often referred to as the joint development 
exclusion and most FTA-assisted joint development projects should 
qualify under this exclusion. However, even actions that would normally 
be classified as categorically excluded may require environmental 
review under certain circumstances, and a project sponsor should work 
with its FTA regional office to determine what level of environmental 
review is required for a project.
    The comment regarding commercial driver's licenses is beyond the 
scope of this circular.
(b) Fair Share of Revenue
    In the notice of availability of the proposed joint development 
circular, FTA invited comments specifically concerning the ``fair share 
of revenue'' criterion. FTA did not expressly define the term ``fair 
share of revenue'' or set a monetary threshold for the same. Instead, 
FTA proposed to reserve the right to decline funding for a joint 
development project if the project would not generate a meaningful 
amount of revenue. FTA sought comment on how it should assess whether a 
project will generate a ``fair share of revenue,'' including any 
measures or criteria FTA should use.
    FTA received sixteen comments, most of which were opposed to FTA's 
proposal. Of particular concern was the change in policy regarding 
FTA's deference to grantee decisions concerning the fair share of 
revenue determination and FTA's right to decline funding for the joint 
development if a meaningful amount of revenue is not generated, 
expressed by ten commenters. Another major concern, raised by ten 
commenters, was the lack of consideration for all benefits that accrue 
to transit from a joint development project, beyond solely the revenue 
generated by the joint development. Additional concerns raised regarded 
FTA's proposal not to treat increased fare box receipts attributable to 
the joint development as ``revenue'' for purposes of the ``fair share 
of revenue'' criterion. Further, FTA's refusal to include fare box 
receipts as ``revenue'' for this criterion was considered as a barrier 
to partnerships in joint development and other transit infrastructure 
development given the constrained financial environment in which local 
match requirements are made.
    A few commenters suggested that FTA should adopt standards, provide 
financial criteria, and establish parameters and required documentation 
for fair share of revenue determinations. Some commenters recommended 
use of a cost-benefit analysis or a ratio of transit share relative to 
project revenues, including careful examination of market conditions, 
in determining a fair share of revenue. While no comments proffered 
definitions for either ``fair share of revenue'' or ``meaningful,'' 
several commenters requested that FTA define these terms. One commenter 
endorsed FTA's proposal, noting that FTA should consider maximizing 
competition and ensuring a high return-on-investment in capturing the 
value of transit improvements, and should actually determine the fair 
share of revenue for projects at the Federal level.
    FTA Response: The fair share of revenue criterion is not new for 
joint development. Historically, FTA has taken the position that 
questions, such as what is a fair share, and what form it should take, 
would be negotiated between the parties involved in the joint 
development. FTA's 2007 guidance on

[[Page 50732]]

joint development emphasized deference to the decisions of the project 
sponsor, negotiating and contracting at arm's length with third 
parties, to determine what constitutes a fair share of revenue. 
However, constraints on the availability of transit funding at all 
levels of government mandate that transit systems take advantage of 
innovative funding strategies, including value capture. Accordingly, 
FTA seeks to ensure that recipients are fairly remunerated for the use 
of FTA assistance for joint development projects. The final circular 
establishes as a minimum threshold for the amount of revenue that a 
recipient cumulatively receives from a joint development project the 
amount of the original Federal investment in the joint development 
project. This is a minimum threshold for revenues received from an FTA-
assisted joint development project; it is anticipated that grantees 
will generally negotiate at a higher level the amount of revenue they 
will receive from the joint development.
    There is no ``one-size-fits-all'' fair share of revenue 
determination, just as there is no ``one-size-fits all'' joint 
development project. Inherent to the negotiating process are 
considerations for the type of project to be undertaken and priorities 
that the transit agency and local government seek to advance through 
the joint development project. Beyond the minimum threshold described 
above, the fair share of revenue should reflect the respective goals 
and priorities of the parties involved in the joint development. While 
it is possible to project the potential revenue production from a joint 
development project, it is difficult, from an economic perspective, for 
FTA to determine the precise share any party should receive. This is 
due to many factors that are difficult to quantify, such as market 
power, local development priorities (social, economic, or a mix of 
both), agglomeration effects, and other influences.
    In determining the fair share of revenue it should receive, the 
project sponsor must rely on market analyses and other due diligence 
examinations. Although it is reasonable to presume that these types of 
efforts are standard practice on the part of grantees, the final 
circular makes conduct of such analyses a requirement. Appended to the 
final circular are documentation to be completed by the grantee in 
identifying pertinent project financial information and certifying 
conduct of the required due diligence.
    Some commenters proposed that FTA should consider a joint 
development project's non-revenue benefits to transit in addition to 
the potential for revenue generation. FTA does consider such benefits 
to transit under the second criterion. The second criterion concerns 
overall benefits to transit provided by the joint development, 
including enhanced effectiveness and enhanced intermodal 
transportation. FTA also gives consideration for increased fare box 
receipts generated as a result of the joint development under this 
transit benefit criterion rather than under the fair share of revenue 
criterion. To be eligible for FTA's participation, a joint development 
must satisfy each of the statutory criteria, and while non-revenue 
benefits to transit are considered, they cannot satisfy the statutory 
requirement for a fair share of revenue.
(c) FTA Review Process
    The proposed circular did not include a chapter on the process FTA 
will follow to review and approve a proposed joint development project. 
FTA sought comments for consideration in preparing the chapter for 
inclusion in the final circular.
    Eleven commenters submitted to the docket on the FTA review 
process. Six commenters requested FTA to modify the current checklist 
approach to grant automatic approval if there is indication that the 
criteria will be satisfied. Five commenters recommended that FTA 
establish a mechanism to modify joint development agreements throughout 
the grantee's negotiations with developers to reflect changes. Five 
commenters raised concerns of the timeliness and consistency of FTA 
reviews across its regions, and requested that the process be clear, 
simple and flexible, and include graphics. One commenter requested FTA 
to coordinate its review with the U.S. Department of Housing and Urban 
Development for projects incorporating affordable housing. Another 
commenter asked that FTA provide examples of approved projects and 
their associated financial information. One commenter requested that 
FTA make the new chapter available for public comment.
    FTA Response: The majority of commenters acknowledge the ease of 
using the current Joint Development Checklist for submitting joint 
development proposals for FTA review. As a checklist, it is a rote 
exercise by the grantee to indicate that statutory criteria have been 
met. It is, therefore, understandable that FTA should be asked to 
provide automatic approval when the grantee has indicated meeting all 
of the criteria, with the grantee retaining supporting documentation 
should FTA request it. Because it is merely a checklist, however, it 
provides limited information to FTA on the substance and design of the 
project. Therefore, FTA has broadened the checklist, including some 
parameters, to identify pertinent information about the proposed joint 
development project. The new document, Joint Development Project 
Request Form, is intended to facilitate discussion between the grantee 
and FTA concerning the joint development proposal by reflecting those 
considerations that the grantee and its partners may find most useful 
during the project development process. Additionally, this form 
requires the grantee to identify documentation used to justify its 
submission.
    FTA recognizes that joint development negotiations require 
considerable exchanges and deliberations between parties, and that 
development of the joint development agreement undergoes a rigorous 
process. Adding to this difficulty is the imposition of certain Federal 
requirements on the grantee's joint development partners. To account 
for changing circumstances over the course of the project's 
development, FTA has established a tiered approach to reviewing joint 
development proposals. Project sponsors may, and are strongly 
encouraged to, submit a preliminary proposal for FTA review to frame 
how eligibility criteria may be satisfied relative to specific elements 
of the proposed joint development, and to identify explicit terms and 
conditions to which the joint development partners must agree.
    The final circular provides additional guidance to all stakeholders 
to consider for a joint development proposal. A primary objective of 
the circular is to clarify FTA joint development requirements and their 
compliance. Accordingly, it is FTA's expectation that the circular will 
improve the efficiency of the grantee's submission and of FTA's review.
    Joint development is frequently used to provide or retain 
affordable housing in local communities. As such, it promotes community 
livability and sustainability by providing transportation options for 
those served by the transit system. FTA has been an active participant 
in the Administration's Partnership for Sustainable Communities, and 
continues to strive to overcome barriers imposed by Federal 
requirements. To the extent appropriate, FTA will coordinate joint 
development with

[[Page 50733]]

Federal housing programs to achieve procedural efficiencies.
    FTA sought examples of joint development projects that illustrate 
the many issues that are encountered; none were received. While FTA 
cannot include actual projects in its guidance, it does provide 
illustrative examples of specific elements of joint development 
projects in the final circular.

Therese W. McMillan,
Acting Administrator.
[FR Doc. 2014-20097 Filed 8-22-14; 8:45 am]
BILLING CODE 4910-57-P